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Attention All Artists in the Tattoo and Tattoo related Profession...

Jennifer Stell
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Jennifer Stell Contributor

Jennifer Stell

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I cam across TattooDonkey.com like 6 months ago when I got a notification about some images being posted elsewhere on the international web.... So, I check it out, ok... NBD just a few photos, then... I notice you can also down load this shit... Then it wasn't until yesterday that Eric Perfect posted some shit up about him having flash posted there and being sold in downloads, only catch is, he didn't post the pics, nor authorize it, or consent....

Three different lawyers and last night I was like ahh, still, even though the lawyers are like it's not worth worrying about, I was freaking out... Our Art work literally is what feeds, clothes, and shelters us... And we bust ass... So this was like another shit nail in the coffin. And this has been the case with not only FLASH, but Fine Art Print Reproductions, Photos of Originals, and photos of tattoos and tattoos being done, as well as crap drawings, and then the creepy family pics people are finding that this site, went in and harvested and downloaded all these pics with noe ones consent or knowing, immediately turnaround upload and post to their site with a high resolution download that anyone can buy take and use, fuck the originator of said image right?...And they did this and had staff reupload, and they knew all along that they had not notified anyone about this... But by posting on their site that is was user created shared database, is completely fraudulent... BUSTED.

If you have time, go to that site....

Start keywording any work you may have put online, had someone else put in a blog, etc,,, last name suffices usually...

Copy and pastse all this stuff together and then you will need to submit it all back to the company and do it fast before they take everyone shit down so they can claim it was just pulled we had no idea.... I even saw images that had the Last Sparrow Tattoo mark on it, which means they came to this site, and harvested everyones photos... Ours includes... So...

Tattoo Donkey

and something like this:

To: [email protected]

From: (YOUR NAME) and EMAIL

Subject: DMCA notice, site stealing major content

CC: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]

First of all, if you even have lawyers, you should have been told that you do not qualify for "safe harbor" protection under the DMCA. Your site "tattoodonkey.com" is posting thousands of photos of other people and other people's art without any permission, and it is very obvious that you are wholly aware of this. You are not operating in good faith and can not hide behind the DMCA.

What are you doing is wholly illegal under US and International law. You surely know that, and your "disclaimer" in no way protects you. Because you are charging for these photos and also filing them under my and other people's trademarks, you are putting yourself up for a great many damages.

You are using many pictures stolen without permission of me, from my website, and I would wager that not even one percent of the photos you are using are legal. In fact, I would go so far as to say that every single image on the site is stolen. Your site actually came to my attention because of the vast number of tattoo artists upset at the thefts of their photos and designs. There are few well-known -- or even lesser known -- artists who won't find their material stolen on your site.

The following images, and I suspect many others that I have not found, are mine and I insist that they are removed immediately.

Attach list of links to images not rightfully posted that belong to you... then send it off...

Ahh, I can sleep better tonight, this stuff was fucking with me hard last night.

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tammy Champion

tammy

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Posted

if you guys want to email or pm me privately I can offer the wording of what my attorney wrote up.

also, jennifer...a word of advice and I am giving this to you hoping it will help your case and that you do not take it personally.

you should have just had your attorney contact the site. your email does not help your case much. it is not professional and when someone sends me an email without really knowing what they are talking about I ignore them.

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ShawnPorter Champion

ShawnPorter

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It would be kinda funny to do a DDOS styled attack with shitty stick figure drawings. Just find out how their bot pulls all of everyone stuff and load it down with squidpaints drawings! LETS DO IT!

I could be motivated to do a new version of Squidpants....

- - - Updated - - -

sorry tineye.com

it searches for where else the images are.

I tried to search for a photo that's on OV that I know TattooDonkey has posted.

Tineye.com didn't find it anywhere other than OV.

Just FWIW

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Jennifer Stell Contributor

Jennifer Stell

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Yeah.. well, between one tattoo artist I am dealing with legally, and another few tax and previous divorce issues, I asked Shannon, I spoke to three attorneys... It's like this, I don't always give a damn about personal shit online, even if it is "Business"... The heart of the matter was, I wanted to warn my fellow peers, and mentors, what the fuck was up...

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Bunny Switchblade Champion

Bunny Switchblade

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Photos Mary d'Aloisio took of me at the Baltimore Convention for her blog and Skin & Ink Mag have been on there almost a year now! Mary pulled her blog and page down totally!

I did the "delete pic" thing too and about 3 months later the photos were back!

I have been figuring anything I post from now on online is potential flash for someone to use and that's the way I am gonna treat it!

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slayer9019 Autobot

slayer9019

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Disclaimer: I am not and will never be a lawyer. Please contact you attorney or law firm for accurate information regarding law in your region.

Let me shed a bit of light on this situation. I have seen this a lot in the IT world and has become a huge huge problem. On top of this the laws change often as the web is a very new thing and still "like the wild west"

Internet IP (Intellectual Property) infringement are a absolute mess right now. The laws are being written by people clueless to how it actually happens, so there end up being good and bad outcomes to this.

Under current law (speaking for US citizens and some others), the owner of the IP can make a request to remove the content, which the provider (in this case tattoodonkey). If the "offending content" gets re-added if it is slightly different than the previous version it usually has to be asked to be removed again. This is a serious problem IP owners that are not massive corporations with teams of people dedicated to finding infringing content. (example Warner Brothers actually exceeded its limit for the months removals...it is in the 10's of thousands)

The "service provider" is tattoodonkey

Key Points:

Each limitation entails a complete bar on monetary damages, and restricts the

availability of injunctive relief in various respects. (Section 512(j)). Each limitation

relates to a separate and distinct function, and a determination of whether a service

provider qualifies for one of the limitations does not bear upon a determination of

whether the provider qualifies for any of the other three. (Section 512(n)).

In addition to limiting the liability of service providers, Title II establishes a

procedure by which a copyright owner can obtain a subpoena from a federal court

ordering a service provider to disclose the identity of a subscriber who is allegedly

engaging in infringing activities. (Section 512(h)).

In addition, to be eligible for any of the limitations, a service provider must

meet two overall conditions: (1) it must adopt and reasonably implement a policy of

terminating in appropriate circumstances the accounts of subscribers who are repeat

infringers; and (2) it must accommodate and not interfere with “standard technical

measures.” (Section 512(i)). “Standard technical measures” are defined as measures

that copyright owners use to identify or protect copyrighted works, that have been

developed pursuant to a broad consensus of copyright owners and service providers

in an open, fair and voluntary multi-industry process, are available to anyone on

reasonable nondiscriminatory terms, and do not impose substantial costs or burdens

on service providers

Sources The Digital Millennium Copyright Act of 1998 (summery)

The Digital Millennium Copyright Act of 1998

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slayer9019 Autobot

slayer9019

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@slayer9019 thanks for posting that. I do/have dealt with a few copyright and internet copyright issues in the last few years and this looks like a really good read (yes, I'm a contract/legislation geek if it applies haha) Catch you guys in a few hours when I'm done!

I thought I was the only one that liked reading long boring papers written for the the purpose of boring people into not reading them.

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